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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J
Zamir Ali Khan – Appellant
Versus
Mohammed Umar Kha – Respondent
| Table of Content |
|---|
| 1. common order passed in appeals (Para 1) |
| 2. plaintiffs are co-owners of suit premises (Para 5 , 6 , 7) |
| 3. defendant no.2's contention on jurisdiction (Para 8) |
| 4. defendant no.2's plea for rejection of plaint (Para 9 , 10 , 11 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 5. trial court's findings on jurisdiction (Para 12) |
| 6. court's reasoning on admissions (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 7. first appeal dismissed (Para 47 , 48) |
JUDGMENT :
1. Both the Appeals challenge the common order passed in Notice of Motion No.1729 of 2024, Notice of Motion No.1761 of 2024 and Notice of Motion No.3803 of 2024 in S.C. Suit No.4902 of 2024 and order below Exhibit 1 in S.C. Suit No.624 of 2024 by which S.C. Suit No.4902 of 2024 came to be decreed and S.C. Suit No.624 of 2024 was dismissed. Common submissions were advanced and the Appeals are being disposed of by this common judgment.
2. The present Appellant is the Defendant No.2 in S.C.Suit No.4902 of 2024 and Plaintiff in S.C. Suit No.624 of 2024. S.C.Suit No.4902 of 2024 was instituted by the Respondent Nos.1 and 2 interalia for a declarat
The court affirmed that a Civil Court has jurisdiction to adjudicate a suit for eviction of a trespasser, and a decree can be granted based on admissions under Order XII Rule 6 of CPC.
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
Judgment on admissions may be granted under Order XII Rule 6 when the Defendant accepts the tenancy and terms of rent, despite challenges to ownership.
A decree on admission under Order XII Rule 6 of the CPC requires clear, unconditional admissions of fact, which were absent in this case.
The main legal point established in the judgment is the court's reliance on admissions made by the tenant in the written statement to grant possession to the landlord, in accordance with Order XII Ru....
The trial court can pass a decree under Order XII Rule 6 on the basis of clear admissions without requiring a trial, even if the defense has been struck off.
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